DASHRATHLAL M PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 1 These appeals, under Clause 15 of the Letters Patent, are directed against the common judgment and order passed by learned Single Judge dated 23.8.2006 in Special Civil Applications No. 3134/2001 and 13380/2006, whereby, both the petitions are dismissed with costs. Learned Single Judge, while dismissing the petitions, which were filed invoking Article 226 of the Constitution, has also observed that both the petitions were filed with a view to extract undue benefits by abusing the process of law. The present appellants are original petitioners.

(2.) We have heard Mr.S.B.Vakil learned Senior Counsel with Mr.K.V.Shelat for the appellants in LPA No. 1875/2007 and Mr. Mihir J. Thakor learned Senior Counsel with Mr. Manav Mehta for the appellants in LPA No. 1065/2007. We have also heard Mr. A.J.Patel learned counsel with Mr. Shital Patel and Mr. Percy Kavina learned Senior Counsel with Mr. Viral K. Shah learned advocates for the respondents and Mr. L.R. Pujari learned Assistant Government Pleader for the State.

(3.) 1 Learned counsel for the respondents have raised preliminary objections and have contended that, apart from the fact that the appellants have no case on merits, the appellants can not be said to be party aggrieved, and in any case, they are not the persons who can be entrusted with the writ of this Court. It is further contended as preliminary objection that, apart from the fact that the filing of petitions before this court, was abuse of process of law, which is so observed and found by learned Single Judge, but even after the judgment of learned Single Judge was pronounced, the said abuse has continued by the appellants, of both the appeals, and on this count alone, this Court may not entertain these appeals. Learned counsel for the respondents have relied on the judgment of Hon'ble the Supreme Court in the case of Rakesh Kumar Goel v/s. U.P.State Industrial Development Corporation Ltd ( 2010 AIR(SC) 2451 . Attention of the Court is drawn to para:41 of the judgment, relevant part of which reads as under.